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(영문) 부산지방법원 2015.02.05 2014노4695
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (one year of imprisonment, additional collection) is too unreasonable.

Judgment

In light of the fact that the Defendant made confession of all of the crimes of this case, and the fact that the crime of this case was committed on the two simple medication of phiphones, etc., are favorable to the Defendant, or that the Defendant had been subject to criminal punishment for a total of 15 times including the record of punishment seven times for the same crime. In particular, the Defendant committed the crime of this case without being aware of the fact that he was sentenced to imprisonment for one year for the same crime, which was in the period of repeated crime, and in light of the sentencing of the same similar case, the lower court appears to have determined the punishment by taking into account the favorable circumstances for the Defendant in light of the motive and circumstance of the crime of this case, circumstances after the crime of this case, the Defendant’s age, character and behavior, and environment, etc., and taking into account the various circumstances, which are the conditions for sentencing as shown in the records and arguments

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is groundless. It is so decided as per Disposition.

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